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City of Elk River <br />ver City Council <br />Resolution 20- 69 <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate a Public Street <br />WHEREAS, a petition has been made by the adjacent property owners to vacate a portion <br />of the public street originally platted as Fourth Street (Depot Street), as described in <br />Exhibit A attached hereto; and, <br />WHEREAS, a public hearing on said petition was held on October 19, 2020, before the <br />City Council of the City of Elk River after published and posted notice had been given, and <br />all persons interested were given an opportunity to be heard at the public hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />1. The petition to vacate a portion of the public street originally platted as Fourth Street <br />(Depot Street), as described in Exhibit A, is hereby granted, based upon the <br />following Findings of Fact: <br />A. Minnesota Statutes, Section 412.851, allows for the vacation of a public street <br />if it appears in the interest of the public to do so. <br />B. The Council finds that it is in the interest of the public to vacate a portion of <br />the public street described in Exhibit A, because: <br />(1) This portion of the public street has never been improved or <br />maintained by the city, not has it been open for or used by the public; <br />and <br />(2) Vacation of this portion of the street will facilitate development of <br />the adjacent property by the city's municipal utility. <br />2. Vacation of the public street described in Exhibit A shall be effective at the time of <br />recording of the necessary documents. <br />Passed and adopted this 19th day of October 2020. <br />ATTEST: <br />Tina Allard, City Clerk <br />WnJ. tz, yor <br />P 0 N E R E 0 A <br />NA TURl <br />